3.0. SR 02-27-1993 - Laserfiche WebLink

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a. Requires mailed notice to properties within 350' of the property to be rezoned and two-thirds vote of the City Council following Planning Commission review . 2. Rezoning property is amending the zoning map and therefore a legislative decision as to which the Council has broad discretion. a. However, this discretion is limited to the specific statutory authority granted, and subject to constitutional limits D. Conditional Use Permits - Minnesota Statutes Section 462.3595 1. Conditional uses are uses which are permitted, subject to specific conditions a. The conditions must be identified in the zoning ordinance 2. The Council acts in a quasi-judicial capacity when acting on conditional use permits and therefore has limited discretion to deny a. There is generally a right to the use if the conditions set forth in the ordinance are met 3. Planning Commission reviews conditional use permit requests and makes recommendation to City Council . E. Interim Uses - Minnesota Statutes Section 462.3597 1. Allows the temporary use of property until a particular date or event a. So-called "temporary conditional use" 2. Use must otherwise conform with the zoning ordinance 3. Not specifically provided for in Elk River's current Zoning Ordinance F. Variances - Minnesota Statutes Section 462.357, Subd. 6(2) 1. City may allow a variance from strict requirements of zoning ordinance a. Statute requires "undue hardship" 2. "Use" variances are prohibited 3. The Council acts in a legislative capacity when deciding on variances because of the terms of the legislation ( ordinance) are being varied a. There is very seldom a "right" to a variance 4. Requests for variances are heard first by Board of Adjustments and Appeals (Planning Commission) . 5 .